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CS Executive · Setting Up of Business, Industrial and Labour Laws · The Occupational Safety, Health and Working Conditions Code, 2020

A State Government wants to modify the occupational safety and health standards declared by the Central Government for establishments for which it is the appropriate Government. Under section 18 of the OSH Code, 2020, what is the correct position?

The State Government may amend the standards by notification, but only with the prior approval of the Central Government. Section 18(4) applies this to establishments for which the State is the appropriate Government in that State. It is neither a free power nor an absolute bar.

  1. AIt may amend them by notification only with the prior approval of the Central GovernmentCorrect
  2. BIt may amend them freely without any approval
  3. CIt may amend them only after the National Board's resolution, without Central approval
  4. DIt cannot amend them in any circumstance

Explanation

Section 18(4) allows the State Government, with the prior approval of the Central Government, to amend by notification the standards for establishments for which it is the appropriate Government within the State. Free amendment is wrong because approval is required, and an absolute bar is wrong because the power exists.

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